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Is This a Legitimate Withdrawal of Resignation?


Guest Norma

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On 7/12, a letter of resignation was received with this statement in it.

"I am tendering my resignation from the Board of Directors of XXXX effective 31 August 2014."

 

 

On 7/15, the date of resignation was advanced.

"Since I have accomplished record retention and YYY Bank reconciliation, I am revising my resignation from the Board of Directors of XXXX to be effective 31 July 2014.

  • I will end all activities relative to the board at 5:00 pm, Wednesday, 30 July 2014."

 

 

The next regular BOD meeting would be in Aug and no special meeting was called to accept the resignation.  

 

On 7/21, this was received.

 

" I am withdrawing my resignation to the Board.  After a few discussions and seeing (name withheld)comment in the newsletter, I will stay on the Board and remain as Treasurer.  I spoke with (non-BOB member) this morning and stated that I would remain if he joined.  I still feel strongly that we need to fill the nine slots so that the work load is less.

Since there was no official action or acceptance at a Board meeting, I will continue/resume my duties as treasurer.

 

I apologize if I caused any Board Member angst over my indecision."

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~

Does the conditional aspect negate the withdrawal of the resignation?  My take is that the BOD has no intention of appointing the non-member to the BOD.  Elections will be in Oct and he would be entitled to run for a postion (alternating 3-year terms) then.  Officers are appointed by the BOD and not by the membership so would we be out of line in removing him from the treasurer's position if the withdrawal of the resignation stands?  (BTW, our bylaws allows up to 9 BOD members but we have functioned very well with 7 for years.)

 

Thank you in advance for any insight you can share with us.

 

 

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A resignation (which RONR notes is a request to be excused from a duty) can be unilaterally withdrawn until it is acted upon by the body that is authorized to accept it - usually the body that is authorized to fill the resulting vacancy. So your treasurer is free to withdraw his resignation before any action is taken on it.

 

The board is also free to decide for itself - assuming your bylaws give it the authority - who it will or will not appoint to a board position. If it chooses not to appoint his choice, the treasurer is then free to submit his resignation again. Buit the 'conditional aspect' of the withdrawal notice does not negate its withdrawal.

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Officers are appointed by the BOD and not by the membership so would we be out of line in removing him from the treasurer's position if the withdrawal of the resignation stands?

 

Depending on how the treasurer's term of office is defined, the board should be able to select a new treasurer even if the current treasurer withdraws his resignation from the board. See also FAQ #20.

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